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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning for the court’s explanation as to the instant case is as stated in the reasoning of the judgment of the first instance, except for the following determination as to the Plaintiff’s assertion of the apparent representation liability under Article 125 of the Civil Act, which is added by the court of this case. As such, it shall be cited as it is in accordance with the main sentence of Article 420
2. In addition, the Plaintiff, via a broker, obtained a certificate of transfer of construction machinery, on which the Defendant entered as the transferor and the Defendant’s seal imprint affixed, and a certificate of the Defendant’s personal seal impression under the name of the Defendant, and the Defendant indicated to the Plaintiff that the right to represent the sale of construction machinery of this case was conferred upon the broker through the above certificate of transfer of construction machinery. Thus, the Defendant asserts that at least the Plaintiff is liable for the liability of the Plaintiff
The expression agency by the manifestation of power of representation as stipulated in Article 125 of the Civil Act is established when a person acts with a third party on behalf of the principal without relation to the nature of a basic legal relationship between the principal and the person who act as an agent, or the existence of the validity thereof.
(Supreme Court Decision 201Da107511 Decided May 29, 2014). According to the respective statements (including additional numbers) in the evidence Nos. 5-2 and Nos. 1 through 6, the Defendant decided to sell the instant construction machinery to E in KRW 35,00,000, and received the sales price from E on April 6, 2018, the Defendant issued to E a certificate of the transfer of the construction machinery indicated as the Defendant (Evidence No. 3) and a certificate of the personal seal impression of the Defendant corporation to E; the Plaintiff was issued a certificate of the transfer of the construction machinery (Evidence No. 3) and a certificate of the personal seal impression of the Defendant corporation from an intermediary whose name is unknown later; and the register of the instant construction machinery at the time.